New Orleans noise law struck down by federal judge

Published: Saturday, October 30, 1999

NEW ORLEANS {AP} Street musicians in New Orleans' rollicking French Quarter won the right to let the good times roll outside historic St. Louis Cathedral.

A federal judge Wednesday struck down a state law establishing "quiet zones" around churches and hospitals. The law would have muffled musicians playing in front of the Roman Catholic cathedral in Jackson Square.

"The church strong-armed the state Senate to pass this ridiculous law," said Scott Kirby, a jazz and ragtime pianist who plays in the square.

U.S. District Judge Sarah Vance declared the law an unconstitutional violation of free speech, saying it created criminal penalties for noise levels similar to normal conversation and passing automobile traffic.

"The regulation at issue applies to public streets and parks in New Orleans, the very heart of a city favored by citizens and tourists alike for a culture grounded in live music and outdoor celebration," Vance said.

The attorney general's office said it will appeal but had no further comment.

The law, which took effect in August but was put on hold in September, made noise from bands, loudspeakers, boom boxes and street entertainers a criminal offense if it registers 55 decibels or more, as measured 10 feet from a church or hospital.